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H0351......................................................by STATE AFFAIRS
COUNTY HOUSING AUTHORITIES - Amends existing law to revise definitions; to
provide that a county housing authority may continue to own and operate
housing projects for which it has become financially obligated within a
city that creates a housing authority; to provide additional powers of
county housing authorities; to authorize the county to lend money to a
county housing authority; to provide for reimbursement to the county; to
provide for repayment of bonds; to authorize the housing authority to
pledge any income or revenues or a mortgage of any housing project or other
property of the authority; to provide for a mortgage of the authority's
real or personal property to secure the payment of bonds; to delete
limitations on the power of an authority to mortgage its own property; and
to provide that a county housing authority may continue to own and operate
housing projects, for which it has become financially obligated, within a
city or area annexed by a city after the city creates a housing authority
or the area is annexed by a city which has a housing authority.
03/06 House intro - 1st rdg - to printing
03/07 Rpt prt - to Loc Gov
03/13 Rpt out - rec d/p - to 2nd rdg
03/14 2nd rdg - to 3rd rdg
Rls susp - PASSED - 68-0-2
AYES -- Barraclough, Barrett, Bedke, Bell, Bieter, Black, Boe, Bolz,
Bradford, Bruneel, Callister, Campbell, Chase, Clark, Collins, Crow,
Cuddy, Deal, Denney, Ellis, Ellsworth, Eskridge, Field(13),
Field(20), Gagner, Gould, Hadley, Hammond, Harwood, Henbest, Higgins,
Hornbeck, Jaquet, Jones, Kellogg, Kendell, Kunz, Lake, Langford,
Mader, Marley, McKague, Meyer, Montgomery, Mortensen, Moss, Moyle,
Pearce, Pischner, Pomeroy, Raybould, Ridinger, Roberts, Robison,
Sali, Sellman, Shepherd, Smith, Smylie, Stevenson, Stone, Swan,
Tilman, Trail, Wheeler, Wood, Young, Mr. Speaker
NAYS -- None
Absent and excused -- Loertscher, Schaefer
Floor Sponsor -- Sellman
Title apvd - to Senate
03/15 Senate intro - 1st rdg - to Loc Gov
03/20 Rpt out - rec d/p - to 2nd rdg
03/21 2nd rdg - to 3rd rdg
03/22 3rd rdg - PASSED - 30-0-5
AYES -- Andreason, Branch, Brandt, Bunderson, Burtenshaw, Cameron,
Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes,
Goedde, Hawkins, Ingram, Ipsen, Keough, King-Barrutia, Lee, Noh,
Richardson, Risch, Sandy, Schroeder, Sims, Stennett, Thorne,
Whitworth, Williams,
NAYS -- None
Absent and excused -- Boatright, Lodge, Sorensen, Stegner, Wheeler
Floor Sponsor -- Bunderson
Title apvd - to House
03/23 To enrol - rpt enrol - Sp signed
03/26 Pres signed - to Governor
03/28 Governor signed
Session Law Chapter 260
Effective: 03/29/01
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 351
BY STATE AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO COUNTY HOUSING AUTHORITIES; AMENDING SECTION 31-4203, IDAHO CODE,
3 TO REVISE DEFINITIONS, TO PROVIDE THAT A COUNTY HOUSING AUTHORITY MAY CON-
4 TINUE TO OWN AND OPERATE HOUSING PROJECTS FOR WHICH IT HAS BECOME FINAN-
5 CIALLY OBLIGATED WITHIN A CITY THAT CREATES A HOUSING AUTHORITY OR WITHIN
6 AN AREA ANNEXED BY A CITY THAT HAS CREATED OR SUBSEQUENTLY CREATES A HOUS-
7 ING AUTHORITY AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 31-4204,
8 IDAHO CODE, TO PROVIDE ADDITIONAL POWERS OF COUNTY HOUSING AUTHORITIES AND
9 TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 31-4209, IDAHO CODE, TO
10 AUTHORIZE THE COUNTY TO LEND MONEY TO A COUNTY HOUSING AUTHORITY AND TO
11 PROVIDE FOR REIMBURSEMENT TO THE COUNTY; AMENDING SECTION 31-4216, IDAHO
12 CODE, TO PROVIDE THAT BONDS MAY BE REPAID FROM ALL OR PART OF THE HOUSING
13 AUTHORITY'S REVENUES OR ASSETS GENERALLY AND TO AUTHORIZE THE HOUSING
14 AUTHORITY TO PLEDGE ANY INCOME OR REVENUES OR A MORTGAGE OF ANY HOUSING
15 PROJECT OR OTHER PROPERTY OF THE AUTHORITY AND TO MAKE TECHNICAL CORREC-
16 TIONS; AMENDING SECTION 31-4218, IDAHO CODE, TO PROVIDE FOR A MORTGAGE OF
17 THE AUTHORITY'S REAL OR PERSONAL PROPERTY TO SECURE THE PAYMENT OF BONDS
18 OR OTHER OBLIGATIONS; AMENDING SECTION 31-4224, IDAHO CODE, TO DELETE LIM-
19 ITATIONS ON THE POWER OF AN AUTHORITY TO MORTGAGE ITS OWN PROPERTY; AMEND-
20 ING SECTION 50-1903, IDAHO CODE, TO PROVIDE THAT A COUNTY HOUSING AUTHOR-
21 ITY MAY CONTINUE TO OWN AND OPERATE HOUSING PROJECTS FOR WHICH IT HAS
22 BECOME FINANCIALLY OBLIGATED WITHIN A CITY OR AREA ANNEXED BY A CITY AFTER
23 THE CITY CREATES A HOUSING AUTHORITY OR THE AREA IS ANNEXED BY A CITY
24 WHICH HAS A HOUSING AUTHORITY AND TO MAKE TECHNICAL CORRECTIONS; AND
25 DECLARING AN EMERGENCY.
26 Be It Enacted by the Legislature of the State of Idaho:
27 SECTION 1. That Section 31-4203, Idaho Code, be, and the same is hereby
28 amended to read as follows:
29 31-4203. DEFINITIONS. The following terms, wherever used or referred to
30 in this chapter, shall have the following respective meanings, unless a dif-
31 ferent meaning clearly appears from the context:
32 (a) "Authority" or "Hhousing Aauthority" shall mean any of the public
33 corporations created by section 31-4205, Idaho Code.
34 (b) "Housing project" shall mean any work or undertaking:
35 (1) tTo demolish, clear or remove buildings from any slum area; such work
36 or undertaking may embrace the adoption of such area to public purposes,
37 including parks or other recreational or community pruposes purposes; or
38 (2) tTo provide decent, safe and sanitary urban or rural dwellings,
39 apartments or other living accommodations for persons of low income; such
40 work or undertaking may include buildings, land, equipment, facilities and
41 other real or personal property for necessary, convenient or desirable
42 appurtenances, roads, sewers, water service, parks, site preparation, gar-
43 dening, administrative, community, health, recreational, welfare or other
2
1 purposes; or
2 (3) tTo accomplish a combination of the foregoing.
3 The term "Hhousing project" also may be applied to the planning of the
4 buildings and improvements, the acquisition of property, the demolition of
5 existing structures, the construction, reconstruction, alteration and repair
6 of the improvements and all other work in connection therewith; to buildings,
7 and the land, equipment, facilities and other real or personal property, which
8 do not contain dwelling units or other living accommodations for persons of
9 low income when such buildings are utilized for administrative, community,
10 health, recreational, welfare or other purposes by or for low-income persons
11 or senior citizens, and redevelopment projects carried out by an authority at
12 the request of local government when such projects include dwelling units
13 which are sold or rented to persons of low income.
14 (c) "Governing body" shall mean the council, board of commissioners,
15 board of trustees or other body having charge of the fiscal affairs of the
16 state public body.
17 (d) "Federal government" shall include the United States of America, the
18 United States department of housing authority and urban development, or any
19 other agency of or instrumentality, corporate or otherwise, of the United
20 States of America.
21 (e) "County" or "counties" shall include all counties in the state of
22 Idaho as designated in chapter 1, title 31, Idaho Code.
23 (f) "Clerk" shall mean the county clerk or the officer charged with the
24 duties customarily imposed on such clerk.
25 (g) "Area of operation" shall mean the entire county except within the
26 corporate limits of cities in the county which have presently, or hereafter
27 create, a housing authority under title 50, chapter 19, Idaho Code; provided
28 however, that a county housing authority may continue to own and operate any
29 housing project for which it has become financially obligated which is located
30 in a city that subsequently creates a housing authority or is located in an
31 area annexed by a city that has created or subsequently creates a housing
32 authority.
33 (h) "Slum" shall mean any area where dwellings predominate which, by rea-
34 son of dilapidation, overcrowding, lack of ventilation, light or sanitary
35 facilities or any combination of these factors, are detrimental to safety,
36 health or morals.
37 (i) "Person of low income" shall mean persons or families who lack the
38 amount of income which is necessary, (as determined by the authority undertak-
39 ing the housing project), to enable them, without financial assistance, to
40 live in decent, safe and sanitary dwellings without overcrowding.
41 (j) "Bonds" shall mean any bonds, notes, interim certificates, debentures
42 or other obligations issued by an authority pursuant to this chapter.
43 (k) "Real property" shall include all lands, including improvements and
44 fixtures thereon, and property of any nature, appurtenant thereto, or used in
45 connection therewith, and every estate, interest and right, legal or equita-
46 ble, therein, including terms for years and liens by way of judgment, mortgage
47 or otherwise and the indebtedness secured by such liens.
48 (l) "Obligee of the authority" or "obligee" shall include any bondholder,
49 trustee or trustees for any bondholders, or lessors demising, to the author-
50 ity, property used in connection with a housing project, or any assignee or
51 assignees of such lessor's interest or any part thereof, and the federal gov-
52 ernment when it is a party to any contract with the authority.
53 SECTION 2. That Section 31-4204, Idaho Code, be, and the same is hereby
54 amended to read as follows:
3
1 31-4204. POWERS OF AUTHORITY. A housing authority shall constitute an
2 independent public body corporate and politic, exercising public and essential
3 governmental functions, and having all the powers necessary or convenient to
4 carry out and effectuate the purposes and provisions of this act, including
5 the following powers in addition to others herein granted:
6 (a) To sue and to be sued; to have a seal and to alter the same at pleas-
7 ure; to have perpetual succession; to make and execute contracts and other
8 instruments necessary or convenient to the exercise of the powers of the
9 authority, including the power to contract with other housing authorities for
10 services; and to make and from time to time amend and repeal bylaws, rules and
11 regulations, not inconsistent with this act chapter, to carry into effect the
12 powers and purposes of the authority.
13 (b) Within the area of operation: to prepare, carry out, acquire, lease
14 and operate housing projects; to provide for the construction, reconstruction,
15 improvement, alteration or repair of any housing project or any part thereof.
16 (c) To arrange or contract for the furnishing by any person or agency,
17 public or private, of services, privileges, works or facilities for, or in
18 connection with, a housing project or the occupants thereof; and, notwith-
19 standing anything to the contrary contained in this act chapter or in any
20 other provision of law, to include in any contract let in connection with a
21 project, stipulations requiring that the contractor and any subcontractors
22 comply with requirements as to minimum wages and maximum hours of labor, and
23 comply with any conditions which the federal government may have attached to
24 its financial aid of the project.
25 (d) To lease or rent any dwellings, houses, accommodations, lands, build-
26 ings, structures or facilities embraced in any housing project and, subject to
27 the limitations contained in this act chapter, to establish and revise the
28 rents or charges therefor; to own, hold and improve real or personal property;
29 to purchase, lease, obtain options upon, acquire by gift, grant, bequest,
30 devise or otherwise, any real or personal property or any interest therein; to
31 acquire, by the exercise of the power of eminent domain, any real property; to
32 sell, lease, exchange, transfer, assign, pledge or dispose of any real or per-
33 sonal property or any interest therein; to insure or provide for the insurance
34 of any real or personal property or operation of the authority against any
35 risks or hazards; to procure or agree to the procurement of insurance or guar-
36 antees from the federal government of the payment of any bonds or parts
37 thereof issued by an authority, including the power to pay premiums on any
38 such insurance; to rent or sell and to agree to rent or sell dwellings forming
39 part of the housing projects to or for persons of low income. Where an agree-
40 ment or option is made to sell a dwelling to a person of low income, the
41 authority may convey the dwelling to the person upon fulfillment of the agree-
42 ment irrespective of whether the person is at the time of the conveyance a
43 person of low income. Leases, options, agreements or conveyances may include
44 such covenants as the authority deems appropriate to assure the achievement of
45 the objectives of this chapter.
46 (e) To invest any funds held in reserves or sinking funds, or any funds
47 not required for immediate disbursement, in property or securities in which
48 banks may legally invest funds, subject to the control of the housing author-
49 ity; to purchase its own bonds at a price not more than the principal amount
50 thereof and accrued interest, and all bonds so purchased shall be cancelled
51 canceled.
52 (f) Within its area of operation: to investigate into living, dwelling
53 and housing conditions and into the means and methods of improving such condi-
54 tions; to determine where slum areas exist or where there is a shortage of
55 adequate, safe and sanitary dwelling accommodations for persons of low income;
4
1 to make studies and recommendations relating to the problem of clearing,
2 replanning and reconstruction of slum areas and the problem of providing
3 dwelling accommodations for persons of low income, and to cooperate with the
4 city, the county, the state or any political subdivision thereof in action
5 taken in connection with such problems; and to engage in research, studies and
6 experimentation on the subject of housing.
7 (g) Acting through one (1) or more commissioners or other person or per-
8 sons designated by the authority, to conduct examinations and investigations
9 and to hear testimony and take proof, under oath, at public or private hear-
10 ings on any matter material for its information; to administer oaths, issue
11 subpoenas requiring attendance of witnesses or the production of books and
12 papers, and to issue commissions for the examination of witnesses who are out-
13 side of the state or unable to attend before the authority, or excused from
14 attendance; to make available, to appropriate agencies (including those
15 charged with the duty of abating or requiring the correction of nuisances or
16 like conditions, or of demolishing unsafe or insanitary structures within its
17 area of operation), its findings and recommendations with regard to any build-
18 ing or property where conditions exist which are dangerous to the public
19 health, morals, safety or welfare.
20 (h) To make, purchase, participate in, invest in, take assignments of, or
21 otherwise acquire loans to persons of low income to enable them to acquire,
22 construct, reconstruct, rehabilitate, improve, lease or refinance their dwell-
23 ings, and to take such security therefor as is deemed necessary and prudent by
24 the authority.
25 (i) To make, purchase, participate in, invest in, take assignments of, or
26 otherwise acquire loans for the acquisition, construction, reconstruction,
27 rehabilitation, improvement, leasing or refinancing of land, buildings or
28 developments for housing for persons of low income. For purposes of this sub-
29 section, development shall include either land or buildings or both.
30 (j) Any housing project shall be subject to the requirement that the
31 dwelling units made available to persons of low income, together with func-
32 tionally related and subordinate facilities, shall occupy at least thirty per-
33 cent (30%) of the interior space of any individual building other than a
34 detached single-family or duplex residential building or mobile or manufac-
35 tured home and shall occupy at least fifty percent (50%) of the total number
36 of units in the development, whichever produces the greater number of units
37 for persons of low income. For mobile or manufactured home parks, the mobile
38 or manufactured home lots made available to persons of low income shall be at
39 least fifty percent (50%) of the total number of mobile or manufactured home
40 lots in the park.
41 (k) To exercise all or any part or combination of powers herein granted.
42 SECTION 3. That Section 31-4209, Idaho Code, be, and the same is hereby
43 amended to read as follows:
44 31-4209. DONATIONS BY COUNTY. Any county, in which a housing authority
45 has been created, shall have the power, from time to time, to lend or donate
46 money to such authority or to agree to take such action; provided, however,
47 that nothing contained in this provision or in any other provision of law
48 shall be construed as authorizing the state or any state public body to give
49 credit or make loans to when a housing authority has the money available
50 therefor it shall make reimbursement for all such loans made to it.
51 SECTION 4. That Section 31-4216, Idaho Code, be, and the same is hereby
52 amended to read as follows:
5
1 31-4216. BOND ISSUES. An authority shall have power to issue bonds, from
2 time to time, in its discretion, for any of its corporate purposes. An author-
3 ity shall also have power to issue refunding bonds for the purpose of paying
4 or retiring bonds previously issued by it. In order to carry out the purposes
5 of this act chapter, an authority may issue, upon proper resolution, bonds on
6 which the principal and interest are payable:
7 (a) eExclusively from the income and revenue of a housing project
8 financed with the proceeds of such bonds,; or
9 (b) eExclusively from such income and revenues together with grants and
10 contributions from the federal government or other source in aid of such proj-
11 ect; or
12 (c) From all or part of its revenues or assets generally.
13 Any such bonds may be additionally secured by a pledge of any income or
14 revenues of the authority, or a mortgage of any housing project, projects or
15 other property of the authority. Any pledge made by the authority shall be
16 valid and binding from the time when the pledge is made and recorded; the rev-
17 enues, moneys or property so pledged and thereafter received by the authority
18 shall immediately be subject to the lien of the pledge without any physical
19 delivery thereof or further act, and the lien of any such pledge shall be
20 valid and binding as against all parties having claims of any kind in tort,
21 contract or otherwise against the authority, irrespective of whether the par-
22 ties have notice thereof.
23 Neither the commissioners of any authority nor any person executing the
24 bonds shall be liable personally on the bonds by reason of the issuance
25 thereof. The bonds and other obligations of an authority shall state on their
26 face that they shall not be a debt of the county, the state or any political
27 subdivision thereof and neither the county, the state nor any political subdi-
28 vision thereof shall be liable thereon, nor in any event shall such bonds or
29 obligations be payable out of any funds other than those of said authority.
30 Bonds of an authority are declared to be issued for an essential public and
31 governmental purpose and to be public instrumentalities and, together with
32 interest thereon and income therefrom, shall be exempt from taxes.
33 SECTION 5. That Section 31-4218, Idaho Code, be, and the same is hereby
34 amended to read as follows:
35 31-4218. POWERS TO SECURE PAYMENT OF BONDS. In connection with the issu-
36 ance of bonds or the incurring of obligations under leases and in order to
37 secure the payment of such bonds or obligations, an authority, in addition to
38 its other powers, shall have power:
39 (a) To pledge all or any part of its gross or net rents, fees or revenues
40 to which its right then exists or may thereafter come into existence.
41 (b) To mortgage all or any part of its real or personal property then
42 owned or thereafter acquired.
43 (c) To covenant against pledging all or any part of its rents, fees and
44 revenues, or against permitting or suffering any lien on such revenues or
45 property; to covenant with respect to limitations on its right to sell, lease
46 or otherwise dispose of any housing project or any part thereof; and to cove-
47 nant as to what other, or additional debts or obligations may be incurred by
48 it.
49 (cd) To covenant as to the bonds to be issued and as to the issuance of
50 such bonds in escrow or otherwise, and as to the use and disposition of the
51 proceeds thereof; to provide for the replacement of lost, destroyed or muti-
52 lated bonds; to covenant against extending the time for the payment of its
53 bonds or interest thereon; and to redeem the bonds, and to covenant for the
6
1 redemption and to provide the terms and conditions thereof.
2 (de) To covenant, subject to the limitations contained in this act, as to
3 the rents and fees to be charged in the operation of a housing project or
4 projects, the amount to be raised each year or other period of time by rents,
5 fees and other revenues, and as to the use and disposition to be made thereof;
6 to create or to authorize the creation of special funds for moneys held for
7 construction or operating costs, debt service, reserves or other purposes, and
8 to covenant as to the use and disposition of the moneys held in such funds.
9 (ef) To prescribe the procedure, if any, by which the terms of any con-
10 tract with bondholders may be amended or abrogated, the amount of bonds the
11 holders of which must consent thereto and the manner in which such consent may
12 be given.
13 (fg) To covenant as to the use of any or all of its real or personal
14 property; and to covenant as to the maintenance of its real and personal prop-
15 erty, the replacement thereof, the insurance to be carried thereon and the
16 use and disposition of insurance moneys.
17 (gh) To covenant as to the rights, liabilities, powers and duties arising
18 upon the breach by it of any covenant, condition or obligation; and to cove-
19 nant and prescribe as to default and terms and conditions upon which any or
20 all of its bonds or obligations shall become or may be declared due before
21 maturity, and to the terms and conditions upon which such declaration and its
22 consequences may be waived.
23 (hi) To vest, in trustee or trustees or the holders of bonds or any pro-
24 portion of them, the right to enforce the payment of the bonds or any cove-
25 nants securing or relating to the bonds; to vest in a trustee or trustees the
26 right, in the event of a default by said authority, to take possession of any
27 housing project or part thereof, and, so long as said authority shall continue
28 in default, to retain such possession and use, operate and manage said proj-
29 ect, and to collect the rents and revenues arising therefrom and to dispose of
30 such moneys in accordance with the agreement of the authority with said
31 trustee, to provide for the powers and duties of a trustee or trustees and to
32 limit the liabilities thereof; and to provide the terms and conditions upon
33 which the trustee or trustees or the holders of bonds or any proportion of
34 them may enforce any covenant or rights securing or relating to the bonds.
35 (ij) To exercise all or any part or combination of the powers herein
36 granted; to make covenants other than and in addition to the covenants herein
37 expressly authorized, of like or different character; to make such covenants
38 as will tend to make the bonds more marketable, notwithstanding that such cov-
39 enants, acts or things may not be enumerated herein.
40 SECTION 6. That Section 31-4224, Idaho Code, be, and the same is hereby
41 amended to read as follows:
42 31-4224. LIMITATIONS ON POWER OF AUTHORITY. Nothing in this act chapter
43 or any other law shall be construed as authorizing a housing authority to levy
44 or collect taxes or assessments, to create any indebtedness payable out of
45 taxes or assessments, or in any manner to pledge the credit of the county, the
46 state or any subdivision thereof; nor shall any provision of this act or other
47 law be construed as authorizing a housing authority to mortgage or otherwise
48 encumber property of any kind, real, personal, or mixed, or any interest
49 therein, but this section shall not be construed as preventing the pledge of
50 the revenues of a housing authority as authorized in this act.
51 SECTION 7. That Section 50-1903, Idaho Code, be, and the same is hereby
52 amended to read as follows:
7
1 50-1903. DEFINITIONS. The following terms, wherever used or referred to
2 in this chapter, shall have the following respective meanings, unless a dif-
3 ferent meaning clearly appears from the context:
4 (a) "Authority" or "housing authority" shall mean any of the public cor-
5 porations created by section 59-1905 50-1905, Idaho Code.
6 (b) "Housing project" shall mean any work or undertaking: (1) to demol-
7 ish, clear or remove buildings from any slum area; such work or undertaking
8 may embrace the adoption of such area to public purposes, including parks or
9 other recreational or community purposes; or (2) to provide decent, safe and
10 sanitary urban or rural dwellings, apartments or other living accommodations
11 for persons of low income; such work or undertaking may include buildings,
12 land, equipment, facilities and other real or personal property for necessary,
13 convenient or desirable appurtenances, streets, sewers, water service, parks,
14 site preparation, gardening, administrative, community, health, recreational,
15 welfare or other purposes; or (3) to accomplish a combination of the forego-
16 ing. The term "Hhousing project" also may be applied to the planning of the
17 buildings and improvements, the acquisition of property, the demolition of
18 existing structures, the construction, reconstruction, alteration and repair
19 of the improvements and all other work in connection therewith; to buildings,
20 and the land, equipment, facilities and other real or personal property, which
21 do not contain dwelling units or other living accommodations for persons of
22 low income when such buildings are utilized for administrative, community,
23 health, recreational, welfare or other purposes by or for low-income persons
24 or senior citizens, and redevelopment projects carried out by an authority at
25 the request of local government when such projects include dwelling units
26 which are sold or rented to persons of low income.
27 (c) "Governing body" shall mean the city council, board of commissioners,
28 board of trustees or other body having charge of the fiscal affairs of the
29 state public body.
30 (d) "Federal government" shall include the United States of America, the
31 United States department of housing and urban development, or any other agency
32 or instrumentality, corporate or otherwise, of the United States of America.
33 (e) "City" shall mean any city in the state of Idaho, including each city
34 having a special charter. "The city" shall include those having a special
35 charter and shall mean the particular city for which a particular housing
36 authority is created.
37 (f) "Clerk" shall mean the clerk of the city or the officer charged with
38 the duties customarily imposed on such clerk.
39 (g) "Area of operation" shall include the city and the area within five
40 (5) miles of the territorial boundaries thereof; provided, however, that the
41 area of operation of a housing authority of any city shall not include any
42 area which lies within the territorial boundaries of some other city as herein
43 defined. Provided however, that a county housing authority may continue to own
44 and operate any housing project for which it has become financially obligated
45 which is located in a city that subsequently creates a housing authority or in
46 an area annexed by a city that has or subsequently creates a housing author-
47 ity.
48 (h) "Slum" shall mean any area where dwellings predominate which, by rea-
49 son of dilapidation, overcrowding, lack of ventilation, light or sanitary
50 facilities or any combination of these factors, are detrimental to safety,
51 health or morals.
52 (i) "Person of low income" shall mean persons or families who lack the
53 amount of income which is necessary, (as determined by the authority undertak-
54 ing the housing project), to enable them, without financial assistance, to
55 live in decent, safe and sanitary dwellings without overcrowding.
8
1 (j) "Bonds" shall mean any bonds, notes, interim certificates, debentures
2 or other obligations issued by an authority pursuant to this chapter.
3 (k) "Real property" shall include all lands, including improvements and
4 fixtures thereon, and property of any nature, appurtenant thereto, or used in
5 connection therewith, and every estate, interest and right, legal or equita-
6 ble, therein, including terms for years and liens by way of judgment, mortgage
7 or otherwise and the indebtedness secured by such liens.
8 (l) "Obligee of the authority" or "Oobligee" shall include any bond-
9 holder, trustee or trustees for any bondholders, or lessors demising, to the
10 authority, property used in connection with a housing project, or any assignee
11 or assignees of such lessor's interest or any part thereof, and the federal
12 government when it is a party to any contract with the authority.
13 SECTION 8. An emergency existing therefor, which emergency is hereby
14 declared to exist, this act shall be in full force and effect on and after its
15 passage and approval.
STATEMENT OF PURPOSE
RS 11110
Amends existing law to clarify that county housing authorities may
continue to own and operate housing projects within a city after a
city either annexes unincorporated county area containing the project
or creates a city housing authority covering an area in which a county
has a project; makes technical corrections to county housing authority
laws; brings county housing authority statutes into conformity with
city housing authority statutes; and adds development authority to
county housing authorities which was granted city housing authorities
in 1993 by providing that bonds issued for statutory purposes may be
repaid from all or part of the housing authority’s revenue, by
authorizing a county housing authority to mortgage a housing project
or other property of the authority, and finally by authorizing the
pledge of income, revenues, or mortgages of a county housing authority
to repay bonds; and amends county housing laws to require certain
minimum percentages of a project be available to persons of low
income.
FISCAL IMPACT
There is no fiscal impact to any State or Local government entity.
Contact
Name: Deanna Watson
Phone: 208/363-9714
STATEMENT OF PURPOSE/FISCAL NOTE H 351